Orissa High Court
Hasib Khan vs Sarat Chandra Patro ..... Opp. Party on 29 October, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.4438 of 2025
Hasib Khan ..... Petitioner
Represented By Adv. -
Suryakanta Dwibedi
-versus-
Sarat Chandra Patro ..... Opp. Party
Represented By Adv. -
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
29.10.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner. Perused the
application as well as the prayer made therein.
3. By filing the present application under Section 528 of the
BNSS the Petitioner seeks to invoke the inherent jurisdiction of
this Court to quash the order dated 22.09.2025 passed by the
leaned Sessions Judge, Ganjam, Berhampur in Criminal Appeal
No.34 of 2025. By virtue of the impugned order dated 22.09.2025,
the learned Appellate Court while granting stay realization of the
compensation amount has further directed that the Petitioner to
deposit 20% of the compensation amount as a condition precedent
in terms of Section 148 of the NI Act.
4. Learned counsel for the Petitioner at the outset contended
that the provisions contained in Section 148 of the NI Act are not
mandatory. He further submitted that due to financial difficulty,
the Petitioner is unable to deposit the entire amount. As such, it
was contended that in the event the Petitioner fails to make the
aforesaid deposit, he will be deprived of his valuable right to
appeal against the impugned judgment of the learned trial court
thereby convicting the Petitioner under Section 138 of the NI Act.
On such ground, learned counsel for the Petitioner contended that
the impugned order dated 22.09.2025 passed by the learned
Sessions Judge, Ganjam, Berhampur in Criminal Appeal No.34 of
2025 is unsustainable in law and, accordingly, the same be
quashed.
5. On a careful examination of the factual background of the
present case, this Court observes that the Petitioner has preferred
an appeal bearing Criminal Appeal No.34 of 2025 before the
learned Sessions Judge, Ganjam, Berhampur challenging the
judgment dated 29.08.2024 passed in 1.C.C Case No.270 of 2016
by the learned JMFC (Transport), Berhampur thereby convicting
the Petitioner for commission of an offence punishable under
Section 138 of the NI Act. On a close reading of Section 148 of
NI Act it appears that the statute confers power on the Appellate
Court to direct the appellant to deposit 20% of the fine of
compensation awarded by the learned trial court which will be in
addition to the interim compensation under Section 143A of the
said Act. Such amount is to be deposited within 60 days from the
date of the order with a condition that such time can be extended
by the period of 30 days subject to satisfaction of the learned
appellate court. Taking into consideration the fact that the
impugned order was passed on 22.09.2025, this Court is of the
view that there is still time for the petitioner to make the deposit.
6. In view of the aforesaid position, this Court deems it proper
to dispose of the present application by modifying order dated
22.09.2025 to the extent that the Petitioner shall deposit a sum of
Rs.40,000/- (Rupees Forty Thousand) initially within a period of
ten days and move an application before the learned Sessions
Judge, Ganjam, Berhampur to pay the balance amount in
instalments. In such eventuality, the learned Sessions Judge,
Ganjam, Berhampur shall permit the Petitioner to deposit the
balance amount in two equal monthly instalments.
7. With the aforesaid observations/ directions, the CRLMC
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra)
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 30-Oct-2025 11:32:24
